doe 2015-20teacherquality rfp

1 Updated - 1/15/15

REQUEST FOR

PROPOSALS FOR PROFESSIONAL SERVICES

Highly-Qualified Teachers and Improving Teacher Quality State Grant Program ISSUED BY DELAWARE DEPARTMENT OF EDUCATION

RFP # DOE 2015-20

I. Overview The State of Delaware Department of Education (DDOE), seeks eligible partnerships to support

innovative and effective professional learning that improves teacher content knowledge and

pedagogical skills to help all students achieve at high academic standards.

The funds through this grant support evidence-based practices that will improve teaching to increase

student achievement in ten core academic subjects: arts, civics and government, economics, English,

geography, history, mathematics, reading or English language arts, science and world languages.

This request for proposals (RFP) is issued pursuant to 29 Del. C. 6981 and 6982.

The proposed schedule of events subject to the RFP is outlined below:

Public Notice Date: May 5, 2015

Deadline for Questions Date: May 15, 2015

Response to Questions Posted by: Date: May 22, 2015

Deadline for Receipt of Proposals Date: June 4, 2015 at 3:00 PM (Local Time)

Estimated Notification of Award Date: July 15, 2015

Each proposal must be accompanied by a transmittal letter which briefly summarizes the proposing

firms interest in providing the required professional services. The transmittal letter must also clearly state and justify any exceptions to the requirements of the RFP which the applicant may have taken in

presenting the proposal. (Applicant exceptions must also be recorded on Attachment 3). Furthermore,

the transmittal letter must attest to the fact that no activity related to this proposal contract will take

place outside of the United States. The State of Delaware Department of Education reserves the right

to deny any and all exceptions taken to the RFP requirements.

MANDATORY PREBID MEETING

A mandatory pre-bid meting has not been established for this Request for Proposal.

II. Scope of Services

Purpose of the State Agency for Higher Education (SAHE) Highly Qualified Teachers and Improving

Teacher Quality State Grant Program.

The intent of the SAHE grants under NCLB is to support activities/projects that:

Increase the number of highly qualified teachers in the ten core academic areas, particularly in the states highest-need schools.

STATE OF DELAWARE DEPARTMENT OF EDUCATION

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Provide long-term, sustained, high-quality professional development that improves the knowledge and practice of teachers, principals and paraprofessionals. Develop and

implement initiatives to promote retention of highly qualified teachers, principals and

paraprofessionals, particularly within schools with a high percentage of under-

achieving students, and initiatives, including activities aligned to rigorous standards

that increase rigor to improve the quality of teachers.

Develop and implement mechanisms and initiatives to assist in recruiting, hiring and retaining highly-qualified teachers.

Result in change of teacher and principal practice and/or teachers content knowledge that increases student achievement in the classroom, as demonstrated through multiple measures of

student achievement.

Strengthen collaboration between faculties of institutions of higher education and among the other members of the partnership, notably Delawares high-need schools, to improve the quality of teachers.

Demonstrate evidence-based practices focused on closing the achievement gaps that exist in the needs assessment. The evidence cited should be considered current by the profession and

published or produced within the past five years.

Are sustainable after Title II (SAHE) funds are no longer available to support the effort.

Proposals must be:

Based upon a needs assessment (may refer to LEA Success Plans or IHE Analysis);

Aligned to Delaware state standards in the subject areas referenced;

Targeted to schools with high percentages of poverty and high percentage of teachers who are not highly-qualified;

Data Based/informed Such data must be included in application;

Designed to raise student achievement;

Classroom-focused to improve classroom instruction and student achievement;

Job-embedded (i.e. through Professional Learning Communities)-Not isolated, brief, or one-day workshops or conferences.

Professional Learning may be offered in:

Core academic subject(s) to which teachers are assigned,

Improving teaching practices,

Implementing Common Core State Standards,

Teaching and addressing the needs of students with disabilities and/or students with limited English proficiency,

Improving classroom procedures and student behavior and identifying early and appropriate interventions,

Understanding and using data and assessments to improve classroom practice and student learning,


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FOCUS OF ELIGIBLE PARTNERSHIPS

One area of focus within ESEA is on evidenced-based methods to improve teacher quality, school

accountability, and core content knowledge leading to increased student achievement.

The TLEUs Title II, Part A SAHE grant program will meet these priorities by funding high quality professional learning activities that will:

Improve literacy instruction in all denoted academic areas for all students so that they all achieve to high academic standards.

Increase teacher content knowledge in the ESEA core academic areas of the arts, civics and government, economics, English (CCSS), geography, history, mathematics (CCSS),

reading (CCSS) or English language arts (CCSS), science and world languages.

The professional development activities in the ESEA core academic subjects may also include highly-qualified paraeducators and, if appropriate, principals so that they

can implement with fidelity state standards across those areas that the participating

teachers lead (including knowledge of computer-related technology to enhance

student learning).

Additionally, the professional development activities may focus on instructional leadership skills for principals to help them work most effectively with their

educators.

Enhance teacher/principal/paraeducator awareness of the Common Core standards and assessments to improve instructional planning, decision-making, teaching, and student

academic achievement.

Increase the number of highly-qualified teachers in the ten core academic areas.

All professional development in the SAHE grants must be classroom-focused and be

aligned with the Delaware Professional Teaching Standards (see Professional Standards Board

regulations):

http://regulations.delaware.gov/AdminCode/title14/1500/1597.shtml#TopOfPage

ELIGIBLE PARTNERSHIPS

Federal regulation specifies the composition of eligible partnerships for the Title II, Part A

SAHE grants. An eligible partnership must include, at a minimum:

A private or public institution of higher education (IHE) and the division of the institution that prepares teachers and principals;

An arts and sciences division of an IHE that awards baccalaureate degrees; At least one eligible high-need district or charter school as identified below.

The education division and arts and sciences division may be housed within the same

IHE, but both should be included in the partnership.

Educators in low-performing schools that are not located in a high-need district/charter

school may participate in a SAHE project as long as a high need district/charter school is a

principle partner. Low-performing charter schools or schools in districts that do not meet the


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definition of high-need may be additional partners and their teachers and principals may

participate in the project.

Once established as a high need partner school in a SAHE grant, the district/ charter

school may continue to be considered high need for the duration of the grant award without regard to subsequent changes in the district/charter schools reported SES rate.

An eligible partnership, as previously defined, may also include these allowable partners:

district/school/charter school a community college an educational service agency a nonprofit educational organization another IHE (either the division of arts and sciences within that IHE and/or the

division that prepares teachers and principals)

a nonprofit cultural organization an entity carrying out a pre-kindergarten program an educator organization/association (principal, teachers, etc.) a business

Community colleges may serve in partnerships and may be one of the three required

partners or the lead partner if it has a division that prepares teachers and/or principals.

Community colleges may not serve as the arts and sciences partner. Project directors must be

faculty or permanent staff members at the applicant institution and have expertise in the content

areas or methodologies the activities address.

The Department of Education will award funds to a maximum of two eligible partnerships. The

Teacher & Leader Effectiveness Unit, in its role as the SAHE administrator for the purposes of this grant,

must ensure that the eligible partnerships are equitably distributed by geographic area within Delaware or

that eligible partnerships in all geographic areas within Delaware are served through the grants.

The Delaware Department of Education (DDOE) has identified the following districts/charters as

high-needs LEAs for use in this RFP Process:

LEA Contact Person

Academy of Dover Cheri Marshall

East Side Charter School Lamont Browne

Family Foundations Academy Lamont Browne

Kuumba Academy Charter School Sally Maldonado

Las Americas Aspira Academy Margaret Lopez-Waite

Prestige Academy Jack Perry

Thomas Edison Charter School Salome Thomas-El


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Capital School District Sandy Spangler

Christina School District Fara Zimmerman

Colonial School District Lori Duerr

Red Clay Consolidated School District Amy Grundy

Seaford School District Shannon Holston

Woodbridge School District Donna Hall

The eligible districts and charter schools have received their comprehensive 2014 highly-

qualified teacher data, including those teachers serving under an Emergency Certificate (2015 data

is forthcoming). The data include analyses by school, academic content area, and the equitable

distribution of highly qualified teachers relative to student sub-groups (race, low-income, special

education status, and English language learner status).

Title II, Part A of the Elementary and Secondary Education Act of 1965 (ESEA) authorizes the

Highly Qualified Teachers and Improving Teacher Quality State Grants program.

The goal of the program is to ensure that all students have highly-qualified teachers,

teachers with the subject matter knowledge and teaching skills necessary to help all students

achieve to high academic standards, regardless of individual learning styles or needs.

The highly qualified teacher definition, a list of the core academic subjects, and options for

meeting the HQT requirement are included in Sections F and G of the U.S. Department of Educations Non-Regulatory Guidance document which may be found at

http://www.ed.gov/programs/teacherqual/guidance.doc.

The Teacher Leader Effectiveness Unit-TLEU, as the designated State Agency for Higher

Education (SAHE), manages the grant selection and oversight for the Title II, Part A funds. The funds

are awarded to eligible partnerships to support innovative and effective professional development that

improves teacher content knowledge and teaching skills to help all students achieve to high academic

standards.

The funds through this grant support scientifically-based practices that will improve teaching to

increase student achievement in 10 core academic subjects: arts, civics and government, economics,

English, geography, history, mathematics, reading or English language arts, science and world languages.

The higher education program component of Title II, Part A provides an opportunity for eligible

partnerships comprised of institutions of higher education (IHEs) and high-need districts/charter schools

to apply for grants on a competitive basis.

Successful projects will demonstrate cooperative planning between education faculty, arts and

sciences faculty, and representatives from LEA(s) central office of the school district and, whenever

appropriate, from the schools to be served. These entities should work together to assess the LEAs teacher credentials, quality, and professional learning needs and plan activities that will address these

needs. Applications must show evidence of cooperative planning, both between education and arts and

sciences partners and between IHEs and LEAs. This should be apparent from the activities described, but

applicants may also note meeting dates or include attendance lists in an appendix that shows who attended


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planning meetings and with what partners each attendee is affiliated. Applicants might wish to describe

previous collaboration, including any lessons learned.

Successful projects will also spend considerable time and effort on participant recruiting. As part

of a cooperative planning process, project staff may have consulted district content specialists, principals,

professional organizations, professional development school liaisons, and others to determine where,

when, and whom to recruit and select. They should look consider what motivates the impacted teachers

and what incentives to participation might be appropriate. They may also use incentives as part of a

participant retention plan. Follow-up may include workshops, but workshops alone are insufficient to

determine grant impact.

Because projects provide sustained, intensive, content-rich professional development, it is

appropriate in many cases for participants to earn academic or professional continuing education credits.

Project activities can help move participants toward standard professional certification from conditional

status, prepare participants for a general knowledge/content assessments that lead to an endorsement area

(particularly for those that frequently teaching an out of field subject), provide academic credits leading to an academic credential (e.g. certificate, advanced degree), or meet other professional development

goals.

High-Need Local Education Agencies (LEAs)

For the purpose of this application, high-need LEAs are defined as districts and charters:

That serve not fewer than 10,000 children from families with incomes below the poverty line; OR

For which not less than 20% of the children served by the agency are from families with incomes below the poverty line; AND

For which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; OR

For which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing.

PRIORITIES FOR FUNDING

The No Child Left Behind, Title II, Part A Improving Teacher Quality State Grants provides the

flexibility to use funds creatively to address challenges to teacher quality, whether they concern teacher

preparation and qualifications of new teachers, recruitment and hiring, induction and mentoring,

professional development, teacher retention, or the need for more capable principals and assistant

principals to serve as effective school leaders. This year, additional priority will be given to proposals

which focus on helping teachers meet the Department of Educations vision of building a culture of college- and career-readiness in every Delaware school K-12, aligned to College and Career Readiness

Anchor Standards. More specifically, proposals that address helping teachers provide more rigorous

advanced coursework for high-need or low-achieving students (e.g. AP courses and STEM [Science,

Technology, Engineering and Mathematics] will be given special consideration.

Proposals must include the following elements:

Collaboration among colleges of education and colleges of arts/sciences

High-needs schools are targeted for partnerships (as identified by the DOE)

Identification of faculty members or permanent staff members with a background and expertise in core academic areas, as project director or co-directors and instructional staff


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An evaluation component grounded in evidence-based research on the project content and delivery method. This should include methodology for impact evaluation determined by student

achievement

List of possible participating personnel at each LEA meeting the HQT criteria (not highly qualified/teaching outside their certified area)

Priority will be given to the projects that include one or more of the following elements:

Address the particular needs of high-need or low-achieving students in conjunction with the educators who serve them

Address the needs of teachers, paraprofessionals and principals to help high-need or low-achieving students

Provide focused content area knowledge and pedagogical skills for teachers that will lead to advanced student achievement in AP courses in any of the ten recognized ESEA content areas or

any STEM-related course moving non-HQ teachers to HQ status

Focus on improving the percentage of highly-qualified teachers in AP content areas or any STEM-related areas through content assessment preparation, coursework for endorsement for provisionally

certified or out-of-field teachers (activities leading to educator certification)

Identify teachers who are not highly qualified and provide the professional development and/or preparation for certification to become highly qualified

Bridge the gap between preparation programs and practice to ensure all teachers in high need schools are highly qualified, align to new teacher mentoring program to ensure quality, ongoing,

embedded professional development to improve teacher quality

FISCAL AGENT

Each partnership must have a fiscal agent. The IHE or primary IHE (if more than one is a partner) will

serve as the fiscal agent.

The fiscal agent submits the grant proposal and, if the grant is funded, is also responsible for submitting

project reports, budget updates, and other information as required.

The fiscal agent will receive the grant payments from the Teacher Leader Effectiveness Unit.

SPECIAL RULE REGARDING FUNDING

Section 2132(c) of the No Child Left Behind Legislation requires that no single participant in an eligible

partnership (that is, no single high-need district/charter school, no single IHE and its division that

prepares teachers and principals, no single school of arts and sciences, and no other single partner) may

use more than 50% of the grant. This provision focuses not on which partner receives the funds but in which partner directly benefits from them. Budget and grant reconciliation must demonstrate direct

benefit funding allocations to ensure compliance.

Length of Awards

Funding will be granted for a single program period in FY 2015-2016. Funding for a second year will be

contingent upon continued federal funding. However, if program requirements change as a result of

reauthorization during the support period, the awardee may be required to submit a proposal to detail how

the project will meet new requirements.


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All funded initiatives, regardless of duration, will be expected to complete annual reporting requirements.

Multiple-year funding requests are contingent upon the continued funding from the federal government.

In addition, multi-year grant continuation is based on the effective managing of the grant-supported

activities, compliance with NCLB requirements, and proper fiscal control and accountability over funds

received.

REPORTING REQUIREMENTS

All partnerships will submit quarterly invoices with a progress report toward the grant outcomes.

Additionally, each partnership will also complete the annual reporting requirements.

A narrative report and a detailed quantitative report will be required annually to provide information and

data needed for program monitoring and for compliance with federal reporting mandates. Included with

the report should be copies of materials developed with grant funds. Specific information about report

content and format will be provided in a timely fashion to grant recipients.

The Guidance from the U.S. Department of Education provides this general guidance about record

keeping and reports. Grantees and sub-grantees must keep records that fully show:

the amount of funds under the grant or sub-grant,

how the grantee or sub-grantee uses the funds,

the total cost of project activities,

the share of the cost provided from other sources, and

other records to facilitate an effective audit.

In addition, all grantees and sub-grantees are required to keep records to show their compliance with

program requirements. Record keeping should permit an audit trail that clearly documents that all funds were used for activities that were reasonable, allowable, and allocable to the program [EDGAR

Sections 76.730 and 76.731].

MONITORING

The U.S. Department of Education requires States monitor each partnership and provides the

following in its Guidance document:

The Education Department General Administrative Regulations (EDGAR) govern the

administration of sub-grants. General requirements for provision of technical assistance, monitoring,

assisting in project evaluations (to the extent that they are required), and developing procedures and rules

to ensure the proper expenditure of program funds are enumerated in Section 76.772.

Furthermore, Section 80.40(a) requires that States ...monitor grant and sub-grant supported activities to assure compliance with applicable Federal requirements and that performance goals are being

achieved. Under these provisions, SEAs and SAHEs must monitor sub-grantees for compliance with Federal statutes and regulations, applicable State rules and policies, and the approved State and sub-grant

application.

They are encouraged to conduct a regular, systematic review of all Improving Teacher Quality

State Grants activities, using monitoring instruments sufficiently comprehensive to determine that sub-


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grantees comply with program requirements and make progress toward meeting all objectives of their

applications. Simply reviewing audit or annual reports is not acceptable. If an SEA or SAHE has reason

to believe that a sub-grantee is not adequately implementing its projects, it should monitor more carefully

and frequently and take action to correct problems.

An SEA or SAHE may monitor in any manner that ensures compliance with program requirements.

For some Improving Teacher Quality State Grants requirements, such as a sub-grantees use of program funds in ways that reflect its approved application, the State may find that on-site monitoring is the most

suitable method. On-site monitoring should take place as often as necessary to ensure that sub-grant

activities comply with program requirements.

In addition to on-site visits, either agency may require periodic reports, conduct telephone

interviews, hold sub-grantee conferences, and use other strategies to promote and ensure adherence to

applicable requirements. Whatever the method selected, it is important that it be used systematically and

that the results be documented. An SEA and SAHE should maintain a system for reporting problems and

recommending corrective actions to sub-grantees, and for any follow-up that may be necessary.

A detailed monitoring plan will be sent to all award recipients. However, recipients should expect

to provide a schedule of program activities, an interim progress report, participant response forms and a

final report including details of all expenditures. One or more monitoring visits will also be conducted

throughout the grants implementation.

Payment Schedule Purchase orders will be executed immediately upon awarding of grant. A copy of the purchase

order will be mailed to the grant recipient with the Sub-Grant Award Notice. The grant recipient agrees

to submit reimbursement requests to the Teacher & Leader Effectiveness Unit (TLEU) showing evidence

of grant approved expenditures. All payment amounts and scheduling are based on the discretion of the

TLEU program manager based upon timely submission of expenditure and progress reports. Failure to

comply will jeopardize any and all future funding opportunities from DDOE.

Additional Budget and Personnel Information

Grant applications that allocate the majority of funding toward professional learning and programming for

select educators will be viewed most favorably.

Proposals will be given preference to IHEs that limit indirect costs (8% maximum allowed). IHEs may not charge overhead. Any such requests will be disallowed.

It is understood that all IHE staff will be employees of the institution receiving the grant; therefore, if applicable, fringe benefits may be provided as part of the institutional support. The intent of the

Title II grants is to provide programming for teachers and principals; hence, alternatives to

requesting grant funds for fringes are strongly encouraged.

The use of stipends for program participants ought to be carefully considered and alternative incentives considered, such as waiver of tuition fees, granting college credit, or awarding clock

hours toward licensure renewal. Another alternative is to use district or charter school Title II

funds to provide stipends.

Materials and equipment must be relevant to the intent of the program and directly involve teachers/administrators who will be using the materials and equipment in improving instruction.


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ADDITIONAL INFORMATION ABOUT THE TITLE II PART A SAHE GRANTS

Additional information about the Title II, Part A SAHE Grants may be found in the Non-

Regulatory Guidance document on the U.S. Department of Educations web page: http://www.ed.gov/programs/teacherqual/guidance.doc

The successful respondent will be responsible to meet the provisions of Title IX of ESEA,

Uniform Provisions: 9501-9504 Equitable Services.

Acknowledgment

All publications and project materials developed with funding from this grant program must

contain a statement that they were developed under Title II of the No Child Left Behind Act of 2001.

Additionally, the federal government retains the right for five years to use, as it sees fit, any materials

developed with NCLB Program funds.

III. Required Information

The following information shall be provided in each proposal in the order listed below. Failure to

respond to any request for information within this proposal may result in rejection of the proposal at

the sole discretion of the State.

A. Minimum Requirements 1. Delaware business license:

Provide evidence of a Delaware business license or evidence of an application to obtain the

business license (if applicable).

2. Vendor shall provide responses to the Request for Proposal (RFP) scope of work and clearly identify capabilities as presented in the General Evaluation Requirements below.

3. Complete all appropriate attachments and forms as identified within the RFP.

4. Proof of insurance and amount of insurance shall be furnished to the Agency prior to the start of the contract period and shall be no less than as identified in the bid solicitation, Section D,

Item 7, subsection e.

5. Provide response to Employing Delawareans Report (Attachment 9)

B. General Evaluation Requirements

Proposals will be reviewed and rated by a selection committee comprised of individuals with system-

wide perspectives on K-16 education and those with knowledge and experiences in various content

areas.

A total of 100 points may be awarded to each proposal. The maximum possible points for each

criterion are based on the following:

Identification of Local Need 20 points

Goals of the Project 15 points

Description of the Project Activities 30 points

Evaluation Plan 10 points


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Role of Key Project Personnel 10 points

Adequacy of Resources and Cost Effectiveness 15 points

Evaluation of Impact. Each proposal must have a formal evaluation plan that consists of two

parts and must adequately measure achievement of the goals and effectiveness of activities.

First, a formal evaluation must be undertaken which is directly related to the projects stated goals and objectives. This evaluation must be rigorous and comprehensive in its

identification of outcomes and in its objective determination of the projects effectiveness in accomplishing its goals and objectives. Use of an objective external evaluator is encouraged.

Although the staff implementing the grant activities will work with the evaluator(s), a self-

evaluation is not acceptable. The evaluator(s) may be from another division of the IHE;

however, the proposal applicant(s) must provide sufficient assurances that the evaluation will

be conducted in a neutral, non-biased, and objective way and consistent with the Program

Evaluation Standards of the Joint Committee on Standards for Education Evaluation.

Second, the evaluation plan must include a formal assessment of the projects impact on classroom instruction and student achievement in the school year following the project. Exact

numbers of teacher participants and the number of students impacted by each teacher will need to be

included. In order to assist project directors in carrying out this part of the evaluation, a standardized

survey or participating teachers has been developed by the DDOE which must be administered either

at the last session of the follow-up activities. This survey will be provided to grantees shortly after

the awards are granted. Project directors will be required to collect and tally information from these

surveys and to submit a written summary of the results as part of their final project report. Evaluation

plans that provide other effective ways of measuring the projects impact on classroom instruction and student achievement are especially welcomed.

IV. Professional Services RFP Administrative Information A. RFP Issuance

1. Public Notice Public notice has been provided in accordance with 29 Del. C. 6981.

2. Obtaining Copies of the RFP This RFP is available in electronic form through DDOE website at

http://www.doe.k12.de.us/rfplisting/ and the State of Delaware Procurement website at

http://bids.delaware.gov/ Paper copies of this RFP will not be available.

3. Assistance to Vendors with a Disability Vendors with a disability may receive accommodation regarding the means of

communicating this RFP or participating in the procurement process. For more information,

contact the Designated Contact no later than ten days prior to the deadline for receipt of

proposals.

4. RFP Designated Contact All requests, questions, or other communications about this RFP shall be made in writing to

DDOE. Address all communications to the person listed below; communications made to

other DDOE personnel or attempting to ask questions by phone or in person will not be

allowed or recognized as valid and may disqualify the vendor. Vendors should rely only on

written statements issued by the RFP designated contact.


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Tasha Cannon

Delaware Department of Education

401 Federal Street, Suite #2

Dover, DE 19901-3639

[email protected]

To ensure that written requests are received and answered in a timely manner, electronic mail

(e-mail) correspondence is acceptable, but other forms of delivery, such as postal and courier

services can also be used.

5. Consultants and Legal Counsel DDOE may retain consultants or legal counsel to assist in the review and evaluation of this

RFP and the vendors responses. Bidders shall not contact the States consultant or legal counsel on any matter related to the RFP.

6. Contact with State Employees Direct contact with State of Delaware employees other than the DDOE Designated Contact

regarding this RFP is expressly prohibited without prior consent. Vendors directly contacting

DDOE employees risk elimination of their proposal from further consideration. Exceptions

exist only for organizations currently doing business in the State who require contact in the

normal course of doing that business.

7. Organizations Ineligible to Bid Any individual, business, organization, corporation, consortium, partnership, joint venture, or

any other entity including subcontractors currently debarred or suspended is ineligible to bid.

Any entity ineligible to conduct business in the State of Delaware for any reason is ineligible

to respond to the RFP.

8. Exclusions The Proposal Evaluation Team reserves the right to refuse to consider any proposal from a

vendor who:

a. Has been convicted for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of

the contract or subcontract;

b. Has been convicted under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense

indicating a lack of business integrity or business honesty that currently and seriously

affects responsibility as a State contractor;

c. Has been convicted or has had a civil judgment entered for a violation under State or Federal antitrust statutes;

d. Has violated contract provisions such as; 1) Knowing failure without good cause to perform in accordance with the specifications

or within the time limit provided in the contract; or


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2) Failure to perform or unsatisfactory performance in accordance with terms of one or more contracts;

e. Has violated ethical standards set out in law or regulation; and

f. Any other cause listed in regulations of the State of Delaware determined to be serious and compelling as to affect responsibility as a State contractor, including suspension or

debarment by another governmental entity for a cause listed in the regulations.

B. RFP Submissions

1. Acknowledgement of Understanding of Terms By submitting a bid, each vendor shall be deemed to acknowledge that it has carefully read

all sections of this RFP, including all forms, schedules and exhibits hereto, and has fully

informed itself as to all existing conditions and limitations.

2. Proposals To be considered, all proposals must be submitted in writing and respond to the items

outlined in this RFP. The State reserves the right to reject any non-responsive or non-

conforming proposals. Each proposal must be submitted with 10 paper copies and 3

electronic copies on CD or DVD media disk, or USB memory drive. Please provide a

separate electronic pricing file from the rest of the RFP proposal responses.

Proposals submitted in response to this RFP should be prepared and submitted in accordance

with the following guidelines:

Narrative limited to 25 pages maximum;

Typewritten;

Line spacing of 1.5;

Twelve-point font, using an easy-to-read font such as Arial, Times New Roman, etc;

Charts and graphs may be single spaced and use no smaller than 10-point type;

One-inch (1) side, top, and bottom margins;

Footer on each page with page number and the vendor name;

Do not attached additional pages or information not requested in the application;

Stapled (do not use binders or folders when submitting application).

FORMAT FOR PROPOSALS

Each proposal must include the following five (4) parts and two (2) appendices:

Part One Cover page

Part Two Project Abstract

Part Three Proposal Narrative (Needs Assessment, Project Goals, Activities, Key Personnel)

Part Four Budget Narrative

Appendix A Statement of Assurances (with signatures)

Appendix B Key Project Personnel

Additional appendices may be added according to the need of the proposal.


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Part One: Cover Page

The Cover Page should include the following information: the title of the proposal, name of

requesting IHE, project directors and contact information, names of partnering high-needs

LEAs, targeted grade levels and/or content areas; total amount requested; date of proposal.

Part Two: Project Abstract

The project abstract should be limited to one page, summarizing the projects goals, objectives, activities, target populations(s), and expected number of participants.

Part Three: Proposal Narrative (Needs Assessment, Project Goals, Activities, Key

Personnel)

LEA Needs Assessment. Identify and describe the specific need for enhancement of content

knowledge and improvement in pedagogical skills of teachers in the proposed content area(s).

Explain how the needs of the participating high-needs LEAs were determined and describe

and include a summary of the needs assessment instrument. It should use information such as

student achievement data, information about numbers of teachers who lack full licensure

and/or certification, assessments by administrators and mentor teachers who evaluate teacher

and student performance, teacher self-evaluations and information on gaps from pre-service

and past in-service professional learning experiences in specific core content areas.

Project Goals. Describe how the project will meet the criteria and purposes set forth in this

document. Provide a clearly stated list of goals that are specific, measurable, attainable,

realistic and timely.

Project Activities. Describe project activities and how they relate to the achievement of the

goals and objectives. Details should be provided concerning the type of activities planned,

the schedule and time allotment for those activities, and the responsible instructional staff. A

description should also be provided of follow-up activities; evidence is sought that the project

will foster professional development that is of high quality and of sufficient duration and

intensity to have a positive, lasting effect on classroom instruction and student achievement.

Role of Key Project Personnel. Describe the respective roles of each project director and

identify other key personnel (including instructional staff) who will carry out project

activities. Specify the time commitment of each to this project and to other duties, in terms of

percentage of time. The proposal may also include a description of any special features and

institutional strengths for the proposed activities and can include, but is not limited to,

curricula, innovative teaching techniques, facilities, and experience with similar projects.

Part Four: Budget Narrative

Adequacy of Resources and Cost Effectiveness.


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All proposals must include the budget information called for on the required budget form

that should be attached to this section in a readable format. The budget should address

the following:

Personnel costs

Supplies, materials, equipment

Travel

District/charter participant stipends

Indirect costs (up to 8%)

Institutional fund match and other support

Evaluation

The budget must be in an Excel spreadsheet

A narrative should accompany the budget explaining in detail the number of anticipated

participants and how the funds will be used to meet the goals and objectives of the proposal.

Careful attention should be given to the following instructions and information:

Direct costs. These costs should be detailed to the major object level of expenditure

and should align to the proposals goals and objectives.

Indirect costs. For the NCLB Program, IHEs are allowed to request indirect cost

recovery of up to eight percent (8%) of total direct costs. For example, an institution

requesting $35,000 to support project activities may add a line item for indirect costs

of $2,800, making the total request $37,800.

Matching funds. All support from the sponsoring institution of higher education,

local school district or other agency should be listed as matching funds.

Cooperating Institutions or Organizations. Institutions or organizations that

cooperate in joint projects must submit one single combined budget. The individual

amounts budgeted for each cooperating institution or organization should be noted.

Only one of the collaborating partners may be designated as the fiscal agent.

Subcontracts to participating LEAs are not allowed.

The budget and narrative must also be consistent with the 50% special rule which states that no partner may use more than half of the funds. (see Special Rule 2132(c) above)

Appendix A: Statement of Assurances


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Letters of intent to partner from each participating institution must be provided with

signatures:

Letter of endorsement for the grant proposal.

Signed by the president (or designee) of the IHE.

The letter must state that the division preparing teachers/principals and the division of arts and sciences are both active participants in the proposed grant.

A letter is required from each participating IHE in the partnership

A memorandum of agreement or a statement of the intent to participate in the proposed grant activities from each LEA is required. These memoranda or statements of intent

should not be general form letters generated by the IHE.

This cooperative agreement includes the specific responsibilities and roles of each of the partners.

Appendix B: Key Project Personnel

Provide updated curriculum vitae for each project director and for other key project

personnel, including the principal instructional staff and any external evaluator.

All properly sealed and marked proposals are to be sent to DDOE and received no later than

3:00 PM (Local Time) on June 4, 2015. The Proposals may be delivered by Express

Delivery (e.g., FedEx, UPS, etc.), US Mail, or by hand to:

Kim Wheatley, Director

Financial Reform Resources



Dover, DE 19901-3639

Vendors are directed to clearly print BID ENCLOSED and RFP # 2015-20 - DOE Highly Qualified Teachers and Improving Teacher Quality State Grant Program on the outside of the bid submission package.

Any proposal submitted by US Mail shall be sent by either certified or registered mail.

Proposals must be received at the above address no later than 3:00 PM (Local Time) on

June 4, 2015. Any proposal received after this date shall not be considered and shall be

returned unopened. The proposing vendor bears the risk of delays in delivery. The contents

of any proposal shall not be disclosed as to be made available to competing entities during the

negotiation process.

Upon receipt of vendor proposals, each vendor shall be presumed to be thoroughly familiar

with all specifications and requirements of this RFP. The failure or omission to examine any

form, instrument or document shall in no way relieve vendors from any obligation in respect

to this RFP.

3. Proposal Modifications


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Any changes, amendments or modifications to a proposal must be made in writing, submitted

in the same manner as the original response and conspicuously labeled as a change,

amendment or modification to a previously submitted proposal. Changes, amendments or

modifications to proposals shall not be accepted or considered after the hour and date

specified as the deadline for submission of proposals.

4. Proposal Costs and Expenses The DDOE will not pay any costs incurred by any Vendor associated with any aspect of

responding to this solicitation, including proposal preparation, printing or delivery,

attendance at vendors conference, system demonstrations or negotiation process.

5. Proposal Expiration Date Prices quoted in the proposal shall remain fixed and binding on the bidder at least through

December 1, 2015. The DDOE reserves the right to ask for an extension of time if needed.

6. Late Proposals Proposals received after the specified date and time will not be accepted or considered. To

guard against premature opening, sealed proposals shall be submitted, plainly marked with

the proposal title, vendor name, and time and date of the proposal opening. Evaluation of the

proposals is expected to begin shortly after the proposal due date. To document compliance

with the deadline, the proposal will be date and time stamped upon receipt.

7. Proposal Opening The DDOE will receive proposals until the date and time shown in this RFP. Proposals will

be opened only in the presence of the DDOE personnel. Any unopened proposals will be

returned to the submitting Vendor.

There will be no public opening of proposals but a public log will be kept of the names of all

vendor organizations that submitted proposals. The contents of any proposal shall not be

disclosed to competing vendors prior to contract award.

8. Non-Conforming Proposals Non-conforming proposals will not be considered. Non-conforming proposals are defined as

those that do not meet the requirements of this RFP. The determination of whether an RFP

requirement is substantive or a mere formality shall reside solely within the DDOE.

9. Concise Proposals The DDOE discourages overly lengthy and costly proposals. It is the desire that proposals be

prepared in a straightforward and concise manner. Unnecessarily elaborate brochures or

other promotional materials beyond those sufficient to present a complete and effective

proposal are not desired. The DDOEs interest is in the quality and responsiveness of the proposal.

10. Realistic Proposals It is the expectation of the DDOE that vendors can fully satisfy the obligations of the

proposal in the manner and timeframe defined within the proposal. Proposals must be

realistic and must represent the best estimate of time, materials and other costs including the

impact of inflation and any economic or other factors that are reasonably predictable.


18

The DDOE shall bear no responsibility or increase obligation for a vendors failure to accurately estimate the costs or resources required to meet the obligations defined in the

proposal.

11. Confidentiality of Documents All documents submitted as part of the vendors proposal will be deemed confidential during the evaluation process. Vendor proposals will not be available for review by anyone other

than the DDOE/Proposal Evaluation Team or its designated agents. There shall be no

disclosure of any vendors information to a competing vendor prior to award of the contract.

The DDOE is a public agency as defined by state law, and as such, it is subject to the

Delaware Freedom of Information Act, 29 Del. C. Ch. 100. Under the law, all the DDOEs records are public records (unless otherwise declared by law to be confidential) and are

subject to inspection and copying by any person. Vendor(s) are advised that once a proposal

is received by the DDOE and a decision on contract award is made, its contents will become

public record and nothing contained in the proposal will be deemed to be confidential except

proprietary information.

Vendor(s) shall not include any information in their proposal that is proprietary in nature or

that they would not want to be released to the public. Proposals must contain sufficient

information to be evaluated and a contract written without reference to any proprietary

information. If a vendor feels that they cannot submit their proposal without including

proprietary information, they must adhere to the following procedure or their proposal may

be deemed unresponsive and will not be recommended for selection. Vendor(s) must submit

such information in a separate, sealed envelope labeled Proprietary Information with the RFP number. The envelope must contain a letter from the Vendors legal counsel describing the documents in the envelope, representing in good faith that the information in each

document is not public record as defined by 29 Del. C. 10002(d), and briefly stating the reasons that each document meets the said definitions.

Upon receipt of a proposal accompanied by such a separate, sealed envelope, the DDOE will

open the envelope to determine whether the procedure described above has been followed.

12. Multi-Vendor Solutions (Joint Ventures) Multi-vendor solutions (joint ventures) will be allowed only if one of the venture partners is

designated as the prime contractor. The prime contractor must be the joint ventures contact point for the DDOE and be responsible for the joint ventures performance under the contract, including all project management, legal and financial responsibility for the

implementation of all vendor systems. If a joint venture is proposed, a copy of the joint

venture agreement clearly describing the responsibilities of the partners must be submitted

with the proposal. Services specified in the proposal shall not be subcontracted without prior

written approval by the DDOE, and approval of a request to subcontract shall not in any way

relieve Vendor of responsibility for the professional and technical accuracy and adequacy of

the work. Further, vendor shall be and remain liable for all damages to the DDOE caused by

negligent performance or non-performance of work by its subcontractor or its sub-

subcontractor.

Multi-vendor proposals must be a consolidated response with all cost included in the cost

summary. Where necessary, RFP response pages are to be duplicated for each vendor.

a. Primary Vendor


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The DDOE expects to negotiate and contract with only one prime vendor. The DDOE will not accept any proposals that reflect an equal teaming arrangement or from vendors

who are co-bidding on this RFP. The prime vendor will be responsible for the

management of all subcontractors.

Any contract that may result from this RFP shall specify that the prime vendor is solely

responsible for fulfillment of any contract with the State as a result of this procurement.

The State will make contract payments only to the awarded vendor. Payments to any-

subcontractors are the sole responsibility of the prime vendor (awarded vendor).

Nothing in this section shall prohibit the DDOE from the full exercise of its options under

Section IV.B.16 regarding multiple source contracting.

b. Sub-contracting The vendor selected shall be solely responsible for contractual performance and

management of all subcontract relationships. This contract allows subcontracting

assignments; however, vendors assume all responsibility for work quality, delivery,

installation, maintenance, and any supporting services required by a subcontractor.

Use of subcontractors must be clearly explained in the proposal, and major

subcontractors must be identified by name. The prime vendor shall be wholly

responsible for the entire contract performance whether or not subcontractors are

used. Any sub-contractors must be approved by DDOE.

c. Multiple Proposals A primary vendor may not participate in more than one proposal in any form. Sub-

contracting vendors may participate in multiple joint venture proposals.

13. Sub-Contracting The vendor selected shall be solely responsible for contractual performance and management

of all subcontract relationships. This contract allows subcontracting assignments; however,

vendors assume all responsibility for work quality, delivery, installation, maintenance, and

any supporting services required by a subcontractor.

Use of subcontractors must be clearly explained in the proposal, and subcontractors must be

identified by name. Any sub-contractors must be approved by DDOE.

14. Discrepancies and Omissions Vendor is fully responsible for the completeness and accuracy of their proposal, and for

examining this RFP and all addenda. Failure to do so will be at the sole risk of vendor.

Should vendor find discrepancies, omissions, unclear or ambiguous intent or meaning, or

should any questions arise concerning this RFP, vendor shall notify the DDOEs Designated Contact, in writing, of such findings at least ten (10) days before the proposal opening. This

will allow issuance of any necessary addenda. It will also help prevent the opening of a

defective proposal and exposure of vendors proposal upon which award could not be made. All unresolved issues should be addressed in the proposal.

Protests based on any omission or error, or on the content of the solicitation, will be

disallowed if these faults have not been brought to the attention of the Designated Contact, in

writing, at least ten (10) calendar days prior to the time set for opening of the proposals.


20

a. RFP Question and Answer Process The DDOE will allow written requests for clarification of the RFP. All questions should

be posted on DDOEs website at http://www.doe.k12.de.us/rfplisting/ by May 15, 2015. Vendor names will be removed from questions in the responses released. Questions

should be submitted in the following format. Deviations from this format will not be

accepted.

Section number

Paragraph number

Page number

Text of passage being questioned

Questions not submitted electronically shall be accompanied by a CD and questions shall

be formatted in Microsoft Word. Questions must be filed no later than midnight on May

15, 2015. Questions received after that time will not be considered. A copy of the

questions and answers will be posted on http://bids.delaware.gov

15. States Right to Reject Proposals The DDOE reserves the right to accept or reject any or all proposals or any part of any

proposal, to waive defects, technicalities or any specifications (whether they be in the

DDOEs specifications or vendors response), to sit and act as sole judge of the merit and qualifications of each product offered, or to solicit new proposals on the same project or on a

modified project which may include portions of the originally proposed project as the DDOE

may deem necessary in the best interest of the DDOE.

16. States Right to Cancel Solicitation The DDOE reserves the right to cancel this solicitation at any time during the procurement

process, for any reason or for no reason. The DDOE makes no commitments expressed or

implied, that this process will result in a business transaction with any vendor.

This RFP does not constitute an offer by the DDOE. Vendors participation in this process may result in the DDOE selecting your organization to engage in further discussions and

negotiations toward execution of a contract. The commencement of such negotiations does

not, however, signify a commitment by the DDOE to execute a contract nor to continue

negotiations. The DDOE may terminate negotiations at any time and for any reason, or for

no reason.

17. States Right to Award Multiple Source Contracting Pursuant to 29 Del. C. 6986, the DDOE may award a contract for a particular professional

service to two or more vendors if the agency head makes a determination that such an award

is in the best interest of the DDOE.

18. Notification of Withdrawal of Proposal Vendor may modify or withdraw its proposal by written request, provided that both proposal

and request is received by the DDOE prior to the proposal due date. Proposals may be re-

submitted in accordance with the proposal due date in order to be considered further.


21

Proposals become the property of the DDOE at the proposal submission deadline. All

proposals received are considered firm offers at that time.

19. Revisions to the RFP If it becomes necessary to revise any part of the RFP, an addendum will be posted on

DDOEs website at http://www.doe.k12.de.us/rfplisting/ and http://bids.delaware.gov DDOE is not bound by any statement related to this RFP made by any State of Delaware employee,

contractor or its agents.

20. Exceptions to the RFP Any exceptions to the RFP, or the DDOEs terms and conditions, or contract template (Attachment 11) must be recorded on Attachment 3. Acceptance of exceptions is within the

sole discretion of the evaluation committee.

21. Award of Contract The final award of a contract is subject to approval by the DDOE. The DDOE has the sole

right to select the successful vendor(s) for award, to reject any proposal as unsatisfactory or

non-responsive, to award a contract to other than the lowest priced proposal, to award

multiple contracts, or not to award a contract, as a result of this RFP.

Notice in writing to a vendor of the acceptance of its proposal by the DDOE and the

subsequent full execution of a written contract will constitute a contract, and no vendor will

acquire any legal or equitable rights or privileges until the occurrence of both such events.

a. RFP Award Notifications After reviews of the evaluation committee report and its recommendation, and once the

contract terms and conditions have been finalized, the DDOE will award the contract.

The contract shall be awarded to the vendor whose proposal is most advantageous, taking

into consideration the evaluation factors set forth in the RFP.

It should be explicitly noted that the DDOE is not obligated to award the contract to the

vendor who submits the lowest bid or the vendor who receives the highest total point

score, rather the contract will be awarded to the vendor whose proposal is the most

advantageous to the DDOE. The award is subject to the appropriate DDOE approvals.

After a final selection is made, the winning vendor will be invited to negotiate a contract

with the DDOE; remaining vendors will be notified in writing of their selection status.

22. Cooperatives Vendors, who have been awarded similar contracts through a competitive bidding process

with a cooperative, are welcome to submit the cooperative pricing for this solicitation.

C. RFP Evaluation Process An evaluation team composed of representatives of the DDOE will evaluate proposals on a

variety of quantitative criteria. Neither the lowest price nor highest scoring proposal will

necessarily be selected.

The DDOE reserves full discretion to determine the competence and responsibility, professionally

and/or financially, of vendors. Vendors are to provide in a

timely manner any and all information that the DDOE may deem necessary to make a decision.


22

1. Proposal Evaluation Team The Proposal Evaluation Team shall be comprised of representatives of the DDOE. The

Team shall determine which vendors meet the minimum requirements pursuant to selection

criteria of the RFP and procedures established in 29 Del. C. 6981 and 6982. The Team

may negotiate with one or more vendors during the same period and may, at its discretion,

terminate negotiations with any or all vendors. The Team shall make a recommendation

regarding the award to the Delaware Secretary of Education, who shall have final authority,

subject to the provisions of this RFP and 29 Del. C. 6982, to award a contract to the

successful vendor in the best interests of the DDOE.

2. Proposal Selection Criteria The Proposal Evaluation Team shall assign up to the maximum number of points for each

Evaluation Item to each of the proposing vendors proposals. All assignments of points shall be at the sole discretion of the Proposal Evaluation Team.

The proposals shall contain the essential information on which the award decision shall be

made. The information required to be submitted in response to this RFP has been determined

by the DDOE to be essential for use by the Team in the bid evaluation and award process.

Therefore, all instructions contained in this RFP shall be met in order to qualify as a

responsive and responsible contractor and participate in the Proposal Evaluation Teams consideration for award. Proposals which do not meet or comply with the instructions of this

RFP may be considered non-conforming and deemed non-responsive and subject to

disqualification at the sole discretion of the Team.

The Team reserves the right to:

Select for contract or for negotiations a proposal other than that with lowest costs.

Reject any and all proposals or portions of proposals received in response to this RFP or to make no award or issue a new RFP.

Waive or modify any information, irregularity, or inconsistency in proposals received.

Request modification to proposals from any or all vendors during the contract review and negotiation.

Negotiate any aspect of the proposal with any vendor and negotiate with more than one vendor at the same time.

Select more than one vendor pursuant to 29 Del. C. 6986.

Criteria Weight All proposals shall be evaluated using the same criteria and scoring process. The following

criteria shall be used by the Evaluation Team to evaluate proposals:

Criteria Weight

Identification of local need 20

Goals of the Project 15

Description of the Project Activities 30


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Criteria Weight

Evaluation Plan 10

Role of Key Project Personnel 10

Adequacy of Resources and Cost Effectiveness 15

Total 100

Vendors are encouraged to review the evaluation criteria and to provide a response that

addresses each of the scored items. Evaluators will not be able to make assumptions about a

vendors capabilities so the responding vendor should be detailed in their proposal responses.

3. Proposal Clarification The Evaluation Team may contact any vendor in order to clarify uncertainties or eliminate

confusion concerning the contents of a proposal. Proposals may not be modified as a result

of any such clarification request.

4. References The Evaluation Team may contact any customer of the vendor, whether or not included in the

vendors reference list, and use such information in the evaluation process. Additionally, the DDOE may choose to visit existing installations of comparable systems, which may or may

not include vendor personnel. If the vendor is involved in such site visits, the DDOE will pay

travel costs only for DDOE personnel for these visits.

5. Oral Presentations After initial scoring and a determination that vendor(s) are qualified to perform the required

services, selected vendors may be invited to make oral presentations to the Evaluation Team.

All vendor(s) selected will be given an opportunity to present to the Evaluation Team.

The selected vendors will have their presentations scored or ranked based on their ability to

successfully meet the needs of the contract requirements, successfully demonstrate their

product and/or service, and respond to questions about the solution capabilities.

The vendor representative(s) attending the oral presentation shall be technically qualified to

respond to questions related to the proposed system and its components.

All of the vendor's costs associated with participation in oral discussions and system

demonstrations conducted for the DDOE are the vendors responsibility.

D. Contract Terms and Conditions

1. General Information a. The term of the contract between the successful bidder and DDOE shall be for ONE year

with THREE possible extensions for a period of ONE year for each extension.

b. The selected vendor will be required to enter into a written agreement with the DDOE. The DDOE reserves the right to incorporate standard State contractual provisions into

any contract negotiated as a result of a proposal submitted in response to this RFP. Any


24

proposed modifications to the terms and conditions of the standard contract are subject to

review and approval by the DDOE. Vendors will be required to sign the contract for all

services, and may be required to sign additional agreements.

c. The selected vendor or vendors will be expected to enter negotiations with the DDOE, which will result in a formal contract between parties. Procurement will be in accordance

with subsequent contracted agreement. This RFP and the selected vendors response to this RFP will be incorporated as part of any formal contract.

d. The DDOEs standard contract (Attachment 11) will most likely be supplemented with the vendors software license, support/maintenance, source code escrow agreements, and any other applicable agreements. The terms and conditions of these agreements will be

negotiated with the finalist during actual contract negotiations.

e. The successful vendor shall promptly execute a contract incorporating the terms of this RFP within twenty (20) days after award of the contract. No vendor is to begin any

service prior to receipt of a DDOE purchase order signed by two authorized

representatives of the agency requesting service, properly processed through the DDOE

Accounting Office and the Department of Finance. The purchase order shall serve as the

authorization to proceed in accordance with the bid specifications and the special

instructions, once it is received by the successful vendor.

f. If the vendor to whom the award is made fails to enter into the agreement as herein provided, the award will be annulled, and an award may be made to another vendor.

Such vendor shall fulfill every stipulation embraced herein as if they were the party to

whom the first award was made.

2. Collusion or Fraud Any evidence of agreement or collusion among vendor(s) and prospective vendor(s) acting to

illegally restrain freedom from competition by agreement to offer a fixed price, or otherwise,

will render the offers of such vendor(s) void.

By responding, the vendor shall be deemed to have represented and warranted that its

proposal is not made in connection with any competing vendor submitting a separate

response to this RFP, and is in all respects fair and without collusion or fraud; that the vendor

did not participate in the RFP development process and had no knowledge of the specific

contents of the RFP prior to its issuance; and that no employee or official of the DDOE

participated directly or indirectly in the vendors proposal preparation.

Advance knowledge of information which gives any particular vendor advantages over any

other interested vendor(s), in advance of the opening of proposals, whether in response to

advertising or an employee or representative thereof, will potentially void that particular

proposal.

3. Lobbying and Gratuities Lobbying or providing gratuities shall be strictly prohibited. Vendors found to be lobbying,

providing gratuities to, or in any way attempting to influence a DDOE employee or agent of

the DDOE concerning this RFP or the award of a contract resulting from this RFP shall have

their proposal immediately rejected and shall be barred from further participation in this RFP.

The selected vendor will warrant that no person or selling agency has been employed or

retained to solicit or secure a contract resulting from this RFP upon agreement or

understanding for a commission, or a percentage, brokerage or contingent fee. For breach or

violation of this warranty, the DDOE shall have the right to annul any contract resulting from


25

this RFP without liability or at its discretion deduct from the contract price or otherwise

recover the full amount of such commission, percentage, brokerage or contingent fee.

All contact with DDOE employees, contractors or agents of the DDOE concerning this RFP

shall be conducted in strict accordance with the manner, forum and conditions set forth in this

RFP.

4. Solicitation of State Employees Until contract award, vendors shall not, directly or indirectly, solicit any employee of the

DDOE to leave the DDOEs employ in order to accept employment with the vendor, its affiliates, actual or prospective contractors, or any person acting in concert with vendor,

without prior written approval of the DDOEs contracting officer. Solicitation of DDOE employees by a vendor may result in rejection of the vendors proposal.

This paragraph does not prevent the employment by a vendor of a DDOE employee who has

initiated contact with the vendor. However, DDOE employees may be legally prohibited

from accepting employment with the contractor or subcontractor under certain circumstances.

Vendors may not knowingly employ a person who cannot legally accept employment under

state or federal law. If a vendor discovers that they have done so, they must terminate that

employment immediately.

5. General Contract Terms a. Independent Contractors

The parties to the contract shall be independent contractors to one another, and nothing

herein shall be deemed to cause this agreement to create an agency, partnership, joint

venture or employment relationship between parties. Each party shall be responsible for

compliance with all applicable workers compensation, unemployment, disability

insurance, social security withholding and all other similar matters. Neither party shall

be liable for any debts, accounts, obligations or other liability whatsoever of the other

party or any other obligation of the other party to pay on the behalf of its employees or to

withhold from any compensation paid to such employees any social benefits, workers

compensation insurance premiums or any income or other similar taxes.

It may be at the DDOEs discretion as to the location of work for the contractual support personnel during the project period. The DDOE may provide working space and

sufficient supplies and material to augment the Contractors services.

b. Licenses and Permits In performance of the contract, the vendor will be required to comply with all applicable

federal, state and local laws, ordinances, codes, and regulations. The cost of permits and

other relevant costs required in the performance of the contract shall be borne by the

successful vendor. The vendor shall be properly licensed and authorized to transact

business in the State of Delaware as provided in 30 Del. C. 2502.

Prior to receiving an award, the successful vendor shall either furnish the DDOE with

proof of State of Delaware Business Licensure or initiate the process of application where

required. An application may be requested in writing to: Division of Revenue, Carvel

State Building, P.O. Box 8750, 820 N. French Street, Wilmington, DE 19899 or by

telephone to one of the following numbers: (302) 577-8200Public Service, (302) 577-8205Licensing Department.


26

Information regarding the award of the contract will be given to the Division of Revenue.

Failure to comply with the State of Delaware licensing requirements may subject vendor

to applicable fines and/or interest penalties.

c. Notice Any notice to the DDOE required under the contract shall be sent by registered mail to:

Tahsa Cannon



Dover, DE 19901-3639

d. Indemnification 1. General Indemnification

By submitting a proposal, the proposing vendor agrees that in the event it is awarded

a contract, it will indemnify and otherwise hold harmless the DDOE, its agents and

employees from any and all liability, suits, actions, or claims, together with all costs,

expenses for attorneys fees, arising out of the vendors, its agents and employees performance work or services in connection with the contract, regardless of whether

such suits, actions, claims or liabilities are based upon acts or failures to act

attributable, whole or part, to the State, its employees or agents.

2. Proprietary Rights Indemnification Vendor shall warrant that all elements of its solution, including all equipment,

software, documentation, services and deliverables, do not and will not infringe upon

or violate any patent, copyright, trade secret or other proprietary rights of any third

party. In the event of any claim, suit or action by any third party against the DDOE,

the DDOE shall promptly notify the vendor in writing and vendor shall defend such

claim, suit or action at vendors expense, and vendor shall indemnify the DDOE against any loss, cost, damage, expense or liability arising out of such claim, suit or

action (including, without limitation, litigation costs, lost employee time, and counsel

fees) whether or not such claim, suit or action is successful.

If any equipment, software, services (including methods) products or other

intellectual property used or furnished by the vendor (collectively Products) is or in vendors reasonable judgment is likely to be, held to constitute an infringing product, vendor shall at its expense and option either:

a. Procure the right for the DDOE to continue using the Product(s); b. Replace the product with a non-infringing equivalent that satisfies all the

requirements of the contract; or

c. Modify the Product(s) to make it or them non-infringing, provided that the modification does not materially alter the functionality or efficacy of the product

or cause the Product(s) or any part of the work to fail to conform to the

requirements of the Contract, or only alters the Product(s) to a degree that the

DDOE agrees to and accepts in writing.

e. Insurance 1. Vendor recognizes that it is operating as an independent contractor and that it is

liable for any and all losses, penalties, damages, expenses, attorneys fees, judgments, and/or settlements incurred by reason of injury to or death of any and all persons, or


27

injury to any and all property, of any nature, arising out of the vendors negligent performance under this contract, and particularly without limiting the foregoing,

caused by, resulting from, or arising out of any act of omission on the part of the

vendor in their negligent performance under this contract.

2. The vendor shall maintain such insurance as will protect against claims under Workers Compensation Act and from any other claims for damages for personal injury, including death, which may arise from operations under this contract. The

vendor is an independent contractor and is not an employee of the DDOE.

3. During the term of this contract, the vendor shall, at its own expense, also carry insurance minimum limits as follows:

a. Commercial General Liability $1,000,000 per occurrence /

$3,000,000 aggregate

And at least one of the following, as outlined below:

b. Medical or Professional Liability $1,000,000 per occurrence /


c Misc. Errors and Omissions $1,000,000 per occurrence /


d Product Liability $1,000,000 per occurrence /


If the contractual service requires the transportation of departmental clients or staff,

the vendor shall, in addition to the above coverages, secure at its own expense the following coverage;

a. Automotive Liability (Bodily Injury) $100,000/$300,000

b. Automotive Property Damage (to others) $ 25,000

4. The vendor shall provide a Certificate of Insurance (COI) as proof that the vendor has the required insurance. The COI shall be provided prior to agency contact prior

to any work being completed by the awarded vendor(s).

5. The DDOE shall not be named as an additional insured. 6. Should any of the above described policies be cancelled before expiration date

thereof, notice will be delivered in accordance with the policy provisions.

f. Performance Requirements The selected Vendor will warrant that it possesses, or has arranged through

subcontractors, all capital and other equipment, labor, materials, and licenses necessary to

carry out and complete the work hereunder in compliance with any and all Federal and

State laws, and County and local ordinances, regulations and codes.

g. Vendor Emergency Response Point of Contact The awarded vendor(s) shall provide the name(s), telephone, or cell phone number(s) of

those individuals who can be contacted twenty four (24) hours a day, seven (7) days a

week where there is a critical need for commodities or services when the Governor of the

DDOE declares a state of emergency under the Delaware Emergency Operations Plan or

in the event of a local emergency or disaster where a state governmental entity requires


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the services of the vendor. Failure to provide this information could render the proposal

as non-responsive.

In the event of a serious emergency, pandemic or disaster outside the control of the State,

the State may negotiate, as may be authorized by law, emergency performance from the

Contractor to address the immediate needs of the State, even if not contemplated under

the original Contract or procurement. Payments are subject to appropriation and other

payment terms.

h. Warranty The Vendor will provide a warranty that the deliverables provided pursuant to the

contract will function as designed for a period of no less than one (1) year from the date

of system acceptance. The warranty shall require the Vendor correct, at its own expense,

the setup, configuration, customizations or modifications so that it functions according to

the States requirements.

i. Costs and Payment Schedules All contract costs must be as detailed specifically in the Vendors cost proposal. No charges other than as specified in the proposal shall be allowed without written consent of

the DDOE. The proposal costs shall include full compensation for all taxes that the

selected vendor is required to pay.

The DDOE will require a payment schedule based on defined and measurable milestones.

Payments for services will not be made in advance of work performed. The DDOE may

require holdback of contract monies until acceptable performance is demonstrated (as

much as 25%).

j. Penalties The DDOE may include in the final contract penalty provisions for non-performance,

such as liquidated damages.

k. Termination of Contract The contract resulting from this RFP may be terminated as follows by the Delaware

Department of Education.

1. Termination for Cause: If, for any reasons, or through any cause, the Vendor fails to fulfill in timely and proper manner its obligations under this Contract, or if the Vendor

violates any of the covenants, agreements, or stipulations of this Contract, the State shall

thereupon have the right to terminate this contract by giving written notice to the Vendor

of such termination and specifying the effective date thereof, at least twenty (20) days

before the effective date of such termination. In that event, all finished or unfinished

documents, data, studies, surveys, drawings, maps, models, photographs, and reports or

other material prepared by the Vendor under this Contract shall, at the option of the

State, become its property, and the Vendor shall be entitled to receive just and equitable

compensation for any satisfactory work completed on such documents and other

materials which is usable to the State.

On receipt of the contract cancellation notice from the State, the Vendor shall have no

less than five (5) days to provide a written response and may identify a method(s) to

resolve the violation(s). A vendor response shall not effect or prevent the contract

cancellation unless the State provides a written acceptance of the vendor response. If


29

the State does accept the Vendors method and/or action plan to correct the identified deficiencies, the State will define the time by which the Vendor must fulfill its

corrective obligations. Final retraction of the States termination for cause will only occur after the Vendor successfully rectifies the original violation(s). At its discretion

the State may reject in writing the Vendors proposed action plan and proceed with the original contract cancellation timeline.

2. Termination for Convenience: The State may terminate this Contract at any time by giving written notice of such termination and specifying the effective date thereof, at

least twenty (20) days before the effective date of such termination. In that event, all

finished or unfinished documents, data, studies, surveys, drawings, models,

photographs, reports, supplies, and other materials shall, at the option of the State,

become its property and the Vendor shall be entitled to receive compensation for any

satisfactory work completed on such documents and other materials, and which is usable

to the State.

3. Termination for Non-Appropriations: In the event the General Assembly fails to appropriate the specific funds necessary to enter into or continue the contractual

agreement, in whole or part, the agreement shall be terminated as to any obligation of

the State requiring the expenditure of money for which no specific appropriation is

available at the end of the last fiscal year for which no appropriation is available or upon

the exhaustion of funds. This is not a termination for convenience and will not be

converted to such.

l. Non-discrimination In performing the services subject to this RFP the vendor, as set forth in Title 19 Delaware

Code Chapter 7 section 711, will agree that it will not discriminate against any employee

or applicant with respect to compensation, terms, conditions or privileges of employment

because of such individual's race, marital status, genetic information, color, age, religion,

sex, sexual orientation, gender identity, or national origin. The successful vendor shall

comply with all federal and state laws, regulations and policies pertaining to the

prevention of discriminatory employment practice. Failure to perform under this

provision constitutes a material breach of contract.

m. Covenant against Contingent Fees The successful vendor will warrant that no person or selling agency has been employed

or retained to solicit or secure this contract upon an agreement of understanding for a

commission or percentage, brokerage or contingent fee excepting bona-fide employees,

bona-fide established commercial or selling agencies maintained by the Vendor for the

purpose of securing business. For breach or violation of this warranty the DDOE shall

have the right to annul the contract without liability or at its discretion to deduct from the

contract price or otherwise recover the full amount of such commission, percentage,

brokerage or contingent fee.

n. Vendor Activity No activity is to be executed in an off shore facility, either by a subcontracted firm or a

foreign office or division of the vendor. The vendor must attest to the fact that no activity

will take place outside of the United States in its transmittal letter. Failure to adhere to

this requirement is cause for elimination from future consideration.

o. Vendor Responsibility


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doe 2015-20teacherquality rfp

Documents

qualified teachers

quality of teachers

practice of teachers

state agency

proposals rfp

questions date

rfp requirements

teacher content knowledge